The procedural challenges in the promotion of judges due to the Chief Justice (CJ) not providing information pertaining to their (judges) performance to the Constitutional Council (CC) remains unresolved, it is learnt.
The CC had recently declined the recommendation made by President Ranil Wickremesinghe to promote Court of Appeal (CA) President, Justice Nissanka Bandula Karunaratne to the Supreme Court. The CC stated that the situation had arisen as a result of Chief Justice President’s Counsel (PC) Jayantha Jayasuriya refusing to provide the CC with information pertaining to upper court judges’ performances.
When The Daily Morning inquired from the Chairman of the CC, Speaker Mahinda Yapa Abeywardena as to whether the CJ not proving the relevant information would affect the process of promoting judges in the future too, he replied: “It is at that time (when promoting a judge in the future) that we can see it (if there is an impact).”
The CC declining the President’s recommendation had even led to reports of a conflict between the President and the CC. When contacted early this month, a CC member, on condition of anonymity, said that they had declined the President’s nomination, but it was not done with the intention of going against him (President). He said that the situation with regard to Karunaratne’s promotion had arisen as a result of CJ refusing to provide the CC with information pertaining to upper court judges’ performances.
Abeywardena had informed the CJ in November, 2023 that information on upper court judges’ performance was necessary for the CC when approving the appointment of SC judges, and the President and Judges of the CA whenever such nominations are referred to the CC by the President. However, the CJ had informed the CC in writing that there was no possibility of providing such information.
Last week, a Fundamental Rights petition was filed in the Supreme Court seeking an order directing the Constitutional Council to approve the recommendation made by the President to appoint incumbent President of the Court of Appeal Nissanka Bandula Karunaratne as a Supreme Court judge.